148-46. Degree of protection against violence allowed. [Effective until January 1, 2023]
(a) When any prisoner, or several combined shall offer violence to any officer, overseer, or correctional officer, or to any fellow prisoner, or attempt to do any injury to the prison building, or to any workshop, or other equipment, or shall attempt to escape, or shall resist, or disobey any lawful command, the officer, overseer, or correctional officer shall use any means necessary to defend himself, or to enforce the observance of discipline, or to secure the person of the offender, and to prevent an escape.
(b) A misdemeanor prisoner classified and treated as a convicted felon as the result of a consecutive felony sentence or sentences, or a convicted felon placed in the custody of the Secretary of Public Safety pending the outcome of an appeal, or a defendant charged with a felony or felonies and placed in the custody of the Secretary of Public Safety pending trial, shall be considered as a convicted felon in the custody of the Secretary of Public Safety against whom any means reasonably necessary, including deadly force, may be used to prevent an escape. (1933, c. 172, s. 27; 1975, c. 230; 2011-145, s. 19.1(i); 2016-77, s. 8(d).)
148-46. Degree of protection against violence allowed. [Effective January 1, 2023]
(a) When any prisoner, or several combined shall offer violence to any officer, overseer, or correctional officer, or to any fellow prisoner, or attempt to do any injury to the prison building, or to any workshop, or other equipment, or shall attempt to escape, or shall resist, or disobey any lawful command, the officer, overseer, or correctional officer shall use any means necessary to defend himself, or to enforce the observance of discipline, or to secure the person of the offender, and to prevent an escape.
(b) A misdemeanor prisoner classified and treated as a convicted felon as the result of a consecutive felony sentence or sentences, or a convicted felon placed in the custody of the Secretary of the Department of Adult Correction pending the outcome of an appeal, or a defendant charged with a felony or felonies and placed in the custody of the Secretary of the Department of Adult Correction pending trial, shall be considered as a convicted felon in the custody of the Secretary of the Department of Adult Correction against whom any means reasonably necessary, including deadly force, may be used to prevent an escape. (1933, c. 172, s. 27; 1975, c. 230; 2011-145, s. 19.1(i); 2016-77, s. 8(d); 2021-180, s. 19C.9(o).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 148 - State Prison System
Article 3 - Labor of Prisoners.
§ 148-26 - State policy on employment of prisoners[Effective until January 1, 2023]
§ 148-26.5 - Pay and time allowances for work[Effective until January 1, 2023]
§ 148-31 - Maintenance of Central Prison; warden; powers and duties.
§ 148-32.2 - Community work crew fee[Effective until January 1, 2023]
§ 148-32.3 - Inmate Construction Program[Effective until January 1, 2023]
§ 148-33 - Prison labor furnished other State agencies[Effective until January 1, 2023]
§ 148-33.2 - Restitution by prisoners with work-release privileges[Effective until January 1, 2023]
§ 148-37.1 - Prohibition on private prisons housing out-of-state inmates.
§ 148-40 - Recapture of escaped prisoners[Effective until January 1, 2023]
§ 148-41 - Recapture of escaping prisoners; reward[Effective until January 1, 2023]
§ 148-44 - Separation as to sex.
§ 148-46 - Degree of protection against violence allowed[Effective until January 1, 2023]
§ 148-46.2 - Procedure when consent is refused by prisoner[Effective until January 1, 2023]
§ 148-47 - Disposition of child born of female prisoner.
§ 148-48 - Parole powers of Parole Commission unaffected.
§ 148-49 - Prison indebtedness not assumed by Board of Transportation.